The National Markets and Competition Commission (CNMC) has proposed this Tuesday that the future regulation on product safety be designed in a way that incorporates specific support for SMEs and adjusts the obligations of digital platforms according to their size.
In a statement, the CNMC explains that it has prepared a report on the draft royal decree on general product safety, focusing on those that are "unharmonized" or lack their own sector-specific safety regulations, such as furniture, clothing, footwear, sports equipment, or household utensils.
The Commission "positively assesses" the content of the draft, understanding that it will help strengthen the functioning of the European Union's internal market, allow the prices of goods to better incorporate real costs, and contribute to reducing situations of unfair competition.
However, the regulatory body warns of the effect that new administrative burdens may have, "especially for SMEs" (which, it recalls, currently bear 59% of the compliance costs in safety in the European Union). Therefore, it proposes introducing mechanisms to facilitate compliance for small and medium-sized enterprises and to modulate the obligations of platforms according to their size.
In this regard, it suggests incorporating concrete measures to make the application of new administrative and technical requirements more manageable, such as simple interpretative guides, specialized advisory services, more agile access to European technical standards, and formulas that allow for joint compliance with certain obligations.
It also recommends graduating the requirements for digital platforms based on their scale and market weight and avoiding imposing "unaffordable requirements" on smaller operators, taking as a reference the approach of the Digital Services Act (DSA).
Among the "significant" changes incorporated in the draft to adapt to technological evolution and the growth of e-commerce, the CNMC highlights the inclusion of risks related to artificial intelligence, cybersecurity, and connected products, as well as new obligations for digital platforms, which will have to actively participate in the withdrawal of unsafe products and in the traceability of sellers.
The text also provides for a reinforcement of surveillance tasks, which will include covert inspections and the possibility of removing content in digital environments; greater traceability (with the obligation to keep technical documentation for ten years) and a boost to consumer rights, who will be able to opt for repair, replacement, or reimbursement when faced with unsafe products.
Finally, the CNMC recalls that it can intervene ex officio or at the request of various bodies and institutions: legislative chambers, the Government, ministerial departments, autonomous communities, local entities, professional associations, chambers of commerce, and business and consumer organizations.